HomeMy WebLinkAbout08-4606NAN09443
THIS IS AN ARBITRATION MATTER. ASSESSMENT OF
DAMAGES HEARING REQUIRED.
Goldman & Warshaw, P.C.
BY: JEFFREY M. PARRELLA, ESQUIRE
Identification No.: 201946
PO Box 806
West Caldwell, NJ 07007
973-433-2153
CAPITAL ONE BANK (USA), N.A.,
successor in interest to
CAPITAL ONE BANK
4851 Cox Road
Glen Allen VA 23060
Vs.
KEVIN L HILTZ
18 S Enola Dr
Enola PA 17025
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : Ca _ 1,+(p? L.iiVI t wm
NOTICE
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET
FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER
THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY
OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS
TO THE CLAIMS SET FORTH AGAINST YOU.
YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU
AND A JUDGEMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE
FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED
BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO
YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S BEDFORD STREET
CARLISLE, PA 17013
717-249-3166
COMPLAINT IN CIVIL-ACTION
1. At all times relevant hereto, the defendant(s) was the
holder of a credit card, which at the request of the defendant(s)
was issued to the defendant(s) by the plaintiff under the terms of
which the plaintiff agreed to extend to defendant(s)the use of
plaintiff's credit facilities.
2. Defendant (s) accepted and used the aforesaid credit card
so issued and by so doing agreed to perform the terms and
conditions prescribed by the plaintiff for the use of said credit
card.
3. The defendant (s) received and accepted goods and merchand-
ise and/or accepted services or cash advances through the use of
the credit card issued by the Plaintiff. A true and correct copy
of the Statement of Account is attached hereto as Exhibit "A".
4. All the credits to which the defendant (s) is entitled have
been applied and there remains a balance due in the amount of
$1,337.98.
5. Plaintiff has made demand upon the defendant(s)for
payment of the balance due of $1,337.98 but the defendant(s)has
failed and refused and still refuses to pay the same or any part
thereof.
6. Defendant's last payment on account was made on June 11,
2006.
WHEREFORE, plaintiff claims of the defendant(s) the sum of
$1,337.98 plus applicable costs, interest and attorney's fees.
Goldman & Warshaw, P.C.
BY: 17
Jeffrey M. Par ?M" Esquire
Attorney for P f
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR
THAT PURPOSE THIS COMMUNICATION IS FROM A DEBT COLLECTOR
POlA.NAN
VERIFICATION
The undersigned, Jeffrey M. Parrella Esquire hereby states that
he is the attorney for Plaintiff in this action and verifies that
the statements made in the foregoing pleading are true and correct
to the best of his knowledge, information and belief. Counsel has
signed this verification at the request of Plaintiff as a matter of
time and convenience. Plaintiff has represented to counsel that
there is a debt due and owing from Defendant to Plaintiff in the
amount as set forth within the foregoing pleading. Plaintiff has
provided counsel with all relevant information in order to allow
counsel to sign this verification. Plaintiff agrees to provide a
verification signed by Plaintiff upon request by Defendant.
The undersigned understands that the statements herein are made
subject to the penalties of 19 Pa.C.S.A Section 4904 relating to
unsworn falsification to authorities.
By:
Jeffrey M. r la, Esquire
Attorney intiff
EXHIBIT "A"
CAPITAL ONE BANK (USA), 4,, successor in interest to
CAPITAL ONE BANK
KEVIN L'HILTZ
tw
JW,- FTr j! AFFIIDAWT
being duly served sworn according to law, depose and say that:
1. I am the ageat for the Plaintiff herein and I am familiar with the files relating to this account;
2. 1 have personal knowledge of the facts and circumstances in connection with this case;
3. Plaintiffs files are maintained in the usual and ordinary course of business;
4. This action is based on a claim for breach ofcontract and that damsges are sought as a direct remit of said
breach;
5. f
0win i 4862362452890299 the amount of 2933379; a balance remains on the subject account having account number
6. If called,upon, affiant can testify at trial as to the fsets pertaining to this matter.
The above facts are true and correct to the best of my information
lodge, and belief.
0
Sworn to and Subscribed
before me this day
Rotvwypublic 08
SHARON REUSENS
NOTARY SEAL
DE'KALB COUNTY GEORGIA
MY COMMISSION EXP. OCTOBER 16 2^4
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SHERIFF'S RETURN - NOT FOUND
CASE NO: 2008-04606 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CAPITAL ONE BANK USA NA
VS
HILTZ KEVIN L
R. Thomas Kline Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
HILTZ KEVIN L but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT & NOTICE ,
the within named DEFENDANT
HILTZ KEVIN L
NOT FOUND , as to
18 S ENOLA DRIVE
ENOLA, PA 17025
DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS.
Sheriff's Costs:
Docketing
Service
Not Found
Surcharge
g?03lDp ?--
18.00 So answer:?
15.00
5.00 R. Thoma Kline
10.00 Sheriff of Cumberland County
00
48.00 GOLDMAN & WARSHAW
08/26/2008
Sworn and Subscribed to before
me this day of
A. D.
ilan & Warshaw, P.C. NAN09443
HEAT-IER N. DANESH, ESQUIRE
Identification No.: 209645
l'O Bo:: 806
West Caldwell, NJ 07007
973-43 3-2104
CAPITAL ONE BANK (USA), N.A., COURT OF COMMON PLEAS
successor in interest to CAPITAL CUMBERLAND COUNTY
ONE B ANK
VS. DOCKET NO. : 08-4606
KEVIN L HILTZ
PRAECIPE TO WITHDRAW COMPLAINT
TO THE PROTHONOTARY:
Kindly withdraw the above-captioned action, without prejudice.
Goldman & Warshaw, P.C.
BY: / 2? a
HEATH R N. DANESH, ESQUIRE
Attorney for Plaintiff
P006
' CERTIFICATION OF SERVICE
I, HEATHER N. DANESH, ESQUIRE, hereby certify that I, on the date
below, served a copy of Plaintiff's Praecipe to Withdraw Complaint
Pursuant to Pa.R.C.P. 1028(c)(1), via First Class Mail, postage pre-
paid, to all other parties or their counsel of record.
HEATHER N. D SH, ESQUIRE
Dated: I ) ?;?'?ao?i
FILL. ? r' 'E;
OF T?
2009 APR 30 F ; ! ; V